The Appellant was the freehold owner of the St Clairs Estate in Croydon. The estate comprised both houses, flats and maisonettes. This case concerned a house held under a 999 year lease by the Respondent. The lease was not a happily drafted document. When the Respondent attempted to sell the property in 2007 it became clear that there was doubt as to whether the lease provided for repairs to the foundation of the house and, more generally, whether there was any adequate general repairing covenant.

The applicant had covenanted to pay a maintenance charge of £100 or (if higher) 1/10 of the costs of inter alia, lighting, heating, cleaning, repairing, decorating, maintaining, renewing the common parts. However, the obligation was dependent on the landlord’s surveyor issuing a certificate.